Agenda item

(Director of Governance) To consider the attached report regarding the demolition of existing structures and redevelopment to provide 79 residential units (including 63 affordable housing units), an associated Children’s Day Nursery, new access and roundabout and associated parking and landscaping (DEV-012-2015/16).

The Assistant Director of Governance (Development Management) presented a report for the demolition of existing structures and redevelopment to provide 79 residential units (including 63 affordable housing units), an associated Children’s Day Care Nursery, new access and roundabout, and associated parking and landscaping at Knolly’s Nursery on Pick Hill, Waltham Abbey.

 

The Assistant Director informed the Committee that this application was originally considered by Area Plans Sub-Committee West on 19 August 2015, where Members voted to approve the application contrary to the Officer’s recommendation. As the application was a major development contrary to Local Plan Policy, it was referred to this Committee for a final decision. It was highlighted that, should permission be granted by the Committee, the application would have to be referred to the National Planning Casework Unit under the Town and Country Planning (Consultation) (England) (Direction) 2009 as it was a departure from the Green Belt policies of the Local Plan and the National Planning Policy Framework.

 

The Assistant Director reported that the site was approximately 3.5 hectares in size and situated in the north-east sector of Waltham Abbey. The site was within the Metropolitan Green Belt and was a greenfield site due to its former use as a nursery. The western side of the site was generally low set and well screened whereas the eastern side rose steeply to the crest of a hill and was open grassland. The proposal consisted of 36 two-bedroom affordable houses, 27 three-bedroom affordable houses, 11 three-bedroom private dwellings, and 5 four-bedroom private dwellings. A Children’s Day Care Nursery would be constructed close to the entrance, along with a new roundabout as part of the new access road. The high level section of the site would remain as open space.

 

Area Plans Sub-Committee West had concluded that the proposed development would bring much needed housing to Waltham Abbey, and included a significant proportion of affordable housing. It was felt that the site was not excessively unsustainable, with local shopping facilities nearby in Pick Hill. It was also felt that the positive aspects of the scheme, including the provision of the Day Care Nursery and the removal of the existing derelict structures, constituted very special circumstances which outweighed the harm to the Green Belt from the development.

 

The Director of Governance had maintained that the proposed development was unsustainable and constituted inappropriate development in the Green Belt. The harm to the Green Belt from this development would not be outweighed by the need for housing in the area and the community benefits and facilities proposed, and therefore the original recommendation to refuse planning permission should be maintained.

 

The Committee noted the summary of representations received in relation to the application, and that some additional representations had been received since the meeting of Area Plans Sub-Committee West on 19 August 2015. A total of 49 letters had been received objecting to the application, including from the Waltham Abbey Residents Association, and 102 letters had been received supporting the application. Waltham Abbey Town Council had no objections to the scheme. The Committee heard from an Objector and the Applicant’s Agent before proceeding to debate the application.

 

A number of Members expressed their concerns in respect of this application; in particular that the proposal was for extensive development on a site within the Metropolitan Green Belt, and that this application could set a precedent for other glasshouse sites within the District. It was acknowledged that this situation had arisen in part due to the Council not having an agreed Local Plan, and that the District desperately needed affordable housing. However, some Members felt that applications for major developments on Green Belt land should not be approved at least until the review of the Green Belt being undertaken as part of the Local Plan process was complete.

 

The Assistant Director added that the 80% provision of affordable housing did not give special circumstances as such, that had been a Member decision at the Sub-Committee meeting. Previous examples of former nursery sites being developed had been at more sustainable locations, and there were no recent appeal decisions to support the recommendation of the Sub-Committee.

 

However, there were also a number of Members in favour of the application. There was a great demand for affordable housing in Waltham Abbey, which itself was highly constrained for development by the Lea Valley Regional Park and the Epping Forest. In addition, the development would only be approximately ten minutes from Waltham Abbey Town Centre, and there simply was not a large enough space around the Town Centre to develop the Day Care Nursery. It had been a hard decision for the Sub-Committee to overturn the Officer’s recommendation to refuse planning permission, but ultimately the large percentage of affordable housing being provided had been considered by the Sub-Committee to outweigh the harm to Green Belt from the development. As 93% of the District comprised Metropolitan Green Belt land, it was inevitable that some of it would have to be released for development.

 

A number of Members from Waltham Abbey was also in attendance and urged the Committee to grant planning permission. It was highlighted that the area was too small for a Nursery to be economically viable and it was bounded by residential houses on two sides and industrial units behind it; it was not a beautiful part of Epping Forest. It had not been a an easy decision for Sub-Committee West but there was a desperate need for more housing in Waltham Abbey, and this land could be of use for the town by building much needed affordable housing.

 

There was a short discussion regarding the composition of the affordable housing, with the Assistant Director stating that it would most likely be 60% affordable rented properties and 40% for shared ownership. A condition was proposed that a minimum of 60% of the affordable housing should be provided for rent, if the application was granted planning permission. However, the Chairman cautioned Members that the potential rent levels for the properties were outside of the Committee’s jurisdiction and that the issue was whether the provision of 63 affordable housing units represented very special circumstances to outweigh the harm to the Green Belt from the development.

 

The Chairman recognised that the Council had a duty to protect the Metropolitan Green Belt, but the District also needed 11,300 new homes. It was unlikely that the site would set a precedent as 80% of the units were being provided for affordable housing, and the Chairman highlighted that Sub-Committee had gone against the recommendation of Officers to refuse planning permission in voting for approval.

 

A proposal to refuse the application on the basis of the original Officer recommendation, i.e. overdevelopment and harm to the Green Belt, was put to the Committee, but this was narrowly defeated after a tied vote by the Chairman using his casting vote. The recommendation of Area Plans Sub-Committee West to grant planning permission was put to the Committee, but this was also narrowly defeated by one vote. At this point, five Members of the Committee stood to invoke the Minority Reference rules within the Constitution (Section 13 of the Operational Standing Orders – Non Executive Bodies refers) to refer the application to the Council, as it was clear that the Committee was finding it particularly difficult to determine this application.

 

Resolved:

 

(1)        That a report be submitted to the Council recommending planning application EPF/1162/15 for Knolly’s Nursery at Pick Hill in Waltham Abbey be granted planning permission subject to the applicant entering into a Section 106 Legal Agreement, to be signed by all parties and completed within four months from the date of this meeting, and subject also to the planning conditions listed below;

 

(2)        The proposed legal agreement to cover and agree:

 

            (a)        the characteristics of the 63 on-site affordable housing to be agreed           by the Council’s Director of Communities;

 

            (b)        education contributions of £288, 476 for primary school contributions          to be  used within 3 miles of the development;

 

            (c)        the provision, funding and means of the long term management and           maintenance arrangements of the public open space;

 

            (d)        the provision, completion and management/handover of the children’s        day nursery delivered on-site and in the event that the nursery was not            constructed and brought into use, a contribution of £98, 673 for early years      learning to be used within 3 miles of the development; and

 

            (e)        £25,920 to mitigate the cost of additional healthcare requirements   generated by the development; 

 

(3)        The recommended planning conditions be as follows:

 

1.         The development hereby permitted must be begun not later than the expiration of three years beginning with the date of this notice.

 

2.         The development hereby permitted will be completed strictly in        accordance with the approved drawings No’s: 075-001, 002, 100, 101,         102, 103, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 220, 300, 301, 302, 400 unless otherwise altered by the below conditions.

 

3.         No construction works above ground level shall take place until documentary and photographic details of the types and colours of the external finishes have been submitted to and approved by the Local Planning Authority, in writing. The development shall be implemented in accordance with such approved details.

 

4.         No development shall take place, including site clearance or other preparatory work, until full details of both hard and soft landscape works (including tree planting) and implementation programme (linked to the development schedule) have been submitted to an approved in writing by the Local Planning Authority. These works shall be carried out as approved. The hard landscaping details shall include, as appropriate, and in addition to details of existing features to be retained: proposed finished levels or contours; means of enclosure; car parking layouts; other minor artefacts and structures, including signs and lighting and functional services above and below ground. The details of soft landscape works shall include plans for planting or establishment by any means and full written specifications and schedules of plants, including species, plant sizes and proposed numbers /densities where appropriate. If within a period of five years from the date of the planting or establishment of any tree, or shrub or plant, that tree, shrub, or plant or any replacement is removed, uprooted or destroyed or dies or becomes seriouslydamaged or defective another tree or shrub, or plant of the same species size andas that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation.

 

5.         A Landscape Management Plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, other than small, privately owned, domestic gardens, shall be submitted to and approved by the Local Planning Authority prior to the occupation of the development or any phase of the development, whichever is the sooner, for its permitted use. The landscape management plan shall be carried out as approved.

 

6.         No development, including works of demolition or site clearance, shall take place until a Tree Protection Plan Arboricultural Method Statement and site monitoring schedule in accordance with BS:5837:2012 (Trees in relation to design, demolition and construction - recommendations) has been submitted to the Local Planning Authority and approved in writing. The development shall be carried out only in accordance with the approved documents unless the Local Planning Authority gives its written consent to any variation.

 

7.         All construction/demolition works and ancillary operations, including vehicle movement on site which are audible at the boundary of noise sensitive premises, shall only take place between the hours of 07.30 to 18.30 Monday to Friday and 08.00 to 13.00 hours on Saturday, and at no time during Sundays and Public/Bank Holidays unless otherwise agreed in writing by the Local Planning Authority.

 

8.         No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

 

1.         The parking of vehicles of site operatives and visitors;

 

2.         Loading and unloading of plant and materials;

 

3.         Storage of plant and materials used in constructing the                                development;

 

4.         The erection and maintenance of security hoarding including                       decorative displays and facilities for public viewing, where                        appropriate;

 

5.         Measures to control the emission of dust and dirt during                              construction, including wheel washing; and

 

6.         A scheme for recycling/disposing of waste resulting from                            demolition and construction works.

 

9.         Prior to first occupation of the development the mini-roundabout access for the proposed development, as shown in principle on Hill drawing no.075-100, dated June 2014, shall be fully implemented.

 

10.       The provision of Real Time Passenger Information, to Essex County Council specification, at the two existing bus stops on Upshire Road/Paternoster Hill in the vicinity of the junction with Pick Hill.

 

11.       Prior to first occupation of the proposed development, the Developer shall be responsible for the provision and implementation of a Residential Travel Information Pack for sustainable transport, approved by Essex County Council, to include six one day travel vouchers for use with the relevant local public transport operator.

 

12.       The number of parking spaces and how these are laid out (including dimensions) shall be in accordance with the parking Standards Design and Good Practice Guide Supplementary Planning Guidance Document September 2009 unless otherwise agreed by the Local Planning Authority. This applies to all vehicular parking spaces including disabled requirements together with cycle parking and facilities for powered two wheelers and garages that are considered as parking spaces.

 

13.       The public’s rights and ease of passage over public footpath no.31 Waltham Abbey shall be maintained free and unobstructed at all times.

 

            14.       There shall be no discharge of surface water onto the Highway.

 

15.       All turning heads required for refuse and fire tender use shall comply with the dimensions within the Essex Design Guide for a Size 3 Turning Head and should form part of the adoptable highway.

 

16.       No development shall take place until a Phase 1 Land Contamination investigation has been carried out. A protocol for the investigation shall be submitted to and approved in writing by the Local Planning Authority before commencement of the Phase 1 investigation. The completed Phase 1 report shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of any necessary Phase 2 investigation. The report shall assess potential risks to present and proposed humans, property including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, ground waters and surface waters, ecological systems, archaeological sites and ancient monuments and the investigation must be conducted in accordance with DEFRA and the Environment Agency's "Model Procedures for the Management of Land Contamination, CLR 11", or any subsequent version or additional regulatory guidance.

 

            [Note: This condition must be formally discharged by the Local Planning Authority before the submission of details pursuant to the Phase 2 site investigation condition that follows.]

 

17.       Should the Phase 1 Land Contamination preliminary risk assessment carried out under the above condition identify the presence of potentially unacceptable risks, no development shall take place until a Phase 2 site investigation has been carried out. A protocol for the investigation shall be submitted to and approved by the Local Planning Authority before commencement of the Phase 2 investigation. The completed Phase 2 investigation report, together with any necessary outline remediation options, shall be submitted to and approved by the Local Planning Authority prior to any redevelopment or remediation works being carried out. The report shall assess potential risks to present and proposed humans, property including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, ground waters and surface waters, ecological systems, archaeological sites and ancient monuments and the investigation must be conducted in accordance with DEFRA and the Environment Agency's "Model Procedures for the Management of Land Contamination, CLR 11", or any subsequent version or additional regulatory guidance.

 

      [Note: This condition must be formally discharged by the Local        Planning Authority before the submission of details pursuant to the       remediation scheme condition that follows.]

 

18.       Should Land Contamination Remediation Works be identified as necessary under the above condition, no development shall take place until a detailed remediation scheme to bring the site to a condition suitable for the intended use has been submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved remediation scheme unless otherwise agreed in writing by the Local Planning Authority. The remediation scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures and any necessary long term maintenance and monitoring programme. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 or any subsequent version, in relation to the intended use of the land after remediation.

 

      [Note: This condition must be formally discharged by the Local        Planning Authority before the submission of details pursuant to the       verification report condition that follows.]

 

19.       Following completion of measures identified in the approved remediation scheme and prior to the first use or occupation of the development, a verification report that demonstrates the effectiveness of the remediation carried out must be produced together with any necessary monitoring and maintenance programme and copies of any waste transfer notes relating to exported and imported soils shall be submitted to the Local Planning Authority for approval. The approved monitoring and maintenance programme shall be implemented. 

 

20.       In the event that any evidence of potential contamination is found at any time when carrying out the approved development that was not previously identified in the approved Phase 2 report, it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with a methodology previously approved by the Local Planning Authority. Following completion of measures identified in the approved remediation scheme, a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with the immediately above condition. 

 

21.       No infiltration of surface water drainage into the ground is permitted other than with the express written consent of the local planning authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters. The development shall be carried out in accordance with the approval details.

 

22.       A flood risk assessment and management and maintenance plan shall be submitted to and approved by the Local Planning Authority prior to commencement of development. The assessment shall include calculations of increased run-off and associated volume of storm detention using WinDes or other similar best practice tool. The approved measures shall be carried out prior to the substantial completion of the development and shall be adequately maintained in accordance with the management and maintenance plan.

 

23.       Development shall not commence until a drainage strategy detailing any on and/or off site drainage works, has been submitted to and approved by, the local planning authority in consultation with the sewerage undertaker. No discharge of foul or surface water from the site shall be accepted into the public system until the drainage works referred to in the strategy have been completed.

 

24.       Before each phase of development approved by this planning permission, a detailed surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, should be submitted to and approved in writing by the local planning authority. The scheme shall be based on sustainable principles as outlined in the approved drainage strategy referenced 3834-DR001. The scheme shall include:

 

            1.         surface water run-off generated by a ll storm events up to the 1                   in 100 year + 30% climate change critical storm limited to run-               of rates in the approved drainage strategy.

 

            2.         Storage that contains the 1 in 100 year event inclusive of                             climate change.

 

            3.         An appropriate level of treatment for all runoff leaving the site                       in accordance with Table 3.3 of the CIRIA SuDS Manual.

 

            The mitigation measures shall be fully implemented prior to             occupation and subsequently in accordance with the timing / phasing           arrangements embodied within the scheme, or within any other period     as may subsequently be agreed, in writing, by the local planning             authority.

 

25.       The development hereby permitted shall not be commenced until such time as a scheme to minimise the risk of offsite flooding caused by surface water run-off and groundwater during construction works has been submitted to, and approved in writing by, the local planning authority. The scheme shall be implemented as approved.

 

26.       The development hereby permitted shall not be occupied until submission of maintenance arrangements including who is responsible for different elements of the surface water drainage system. Any maintenance should be carried out in accordance with the maintenance schedule for the lifetime of the development as outlined in the approved drainage strategy 3834-DR001, dated July2015.

 

27.       The applicant must maintain yearly Maintenance Logs of maintenance which should be carried out in accordance with any approved Maintenance Plan. These must be available for inspection upon a request by the Local Planning Authority.

 

28.       No development or preliminary groundwork's of any kind shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the local planning authority.

 

29.       Notwithstanding the provisions of the Town & Country Planning (General Permitted Development) (England) Order 2015 (or of any equivalent provision in any Statutory Instrument revoking or re-enacting that Order), the garages hereby approved shall be retained so that it is capable of allowing the parking of cars together with any ancillary storage in connection with the residential use of the site, and shall at no time be converted into a room or used for any other purpose.

 

30.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended (or any other Order revoking, further amending or re-enacting that Order) no extensions generally permitted by virtue of Class A, B of Part 1 of Schedule 2 to the Order  shall be undertaken without the prior written permission of the Local Planning Authority.

 

31.       Before any preparatory demolition or construction works commence on site, full ecological surveys and a mitigation strategy for the site shall be submitted to the Local Planning Authority for agreement in writing with a working methodology for site clearance and construction work to minimise impact on any protected species and nesting birds. Development shall be undertaken only in accordance with the agreed strategy and methodology.